The following is an excerpt from Practice Perspectives: Vault's Guide to Legal Practice Areas.
Marissa Hill Daley advises private equity investors, pharmaceutical and medical device manufacturers, and other life sciences industry clients on regulatory, compliance, and transactional matters related to FDA oversight. She regularly advises on matters connected with capital markets, financing, and M&A transactions involving FDA-regulated entities, including cross-border transactions. She provides regulatory counsel on risk management, product development, marketing approval, and promotional compliance matters.
Marshall E. Jackson, Jr., provides transactional and regulatory counseling for clients in the health and life sciences industry. He advises investors (including private equity, growth equity, and venture capital firms) and their portfolio companies, physician practices, and other health organizations on M&A; joint ventures; strategic affiliations; and corporate, regulatory, and governance matters. Additionally, Marshall advises investors, health and life sciences companies, and technology companies operating in the digital health and healthtech space on M&A, joint ventures, strategic affiliations, and a variety of legal, regulatory, and compliance issues. Leveraging his transactional background and deep health regulatory experience, he counsels health and life sciences companies and their investors on the complex strategic and operational issues.
Describe your practice area and what it entails.
Marshall: As a transactional and regulatory attorney, I help investors and companies in the health and life sciences industry navigate the intersection of law, business, and technology/innovation. My practice combines strategic regulatory counseling with transactional execution, enabling my clients to innovate, expand, and operate efficiently in a rapidly evolving industry. I leverage my early career experience as a regulatory attorney in my transactional practice to provide not only legal counsel but also practical business insights.
Marissa: I advise on day-to-day compliance issues and support complex transactions involving FDA-regulated businesses. On the regulatory side, I help clients interpret FDA requirements for product development, labeling, advertising, and reporting obligations, and I often tackle nuanced questions that don’t have a clear-cut answer. On the transactional side, I manage the FDA diligence process for private equity and strategic acquisitions, which means reviewing regulatory materials, joining diligence calls, and preparing summaries for clients.
What types of clients do you represent?
Marshall: My clients include investors (private equity, growth equity, and venture capital); providers; and digital health, healthtech, life sciences, and retail companies. This mix allows me to understand many perspectives, which in turn helps me provide better counsel.
Marissa: My clients range from global pharmaceutical companies to consumer brands and medical device manufacturers, as well as private equity sponsors and strategic buyers acquiring FDA-regulated businesses. I advise clients’ port-folio companies on more-specialized topics, such as clinical research-related compliance and FDA reporting obligations.
What types of cases/deals do you work on?
Marshall: I work on a wide range of matters including structuring and negotiating commercial agreements and partnerships between digital health and tech companies, providers, payers, and life sciences organizations. I handle transactions involving acquisitions, investments, and strategic affiliations where regulatory diligence and compliance considerations materially affect a deal. On the regulatory side, I advise clients on federal and state regulatory issues, including emerging issues involving AI, remote monitoring, virtual care, and other innovation tools and care models. These matters often overlap, so my work blends transactional execution with practical regulatory counseling.
Marissa: On the regulatory side, I help clients understand FDA requirements for labeling, advertising, reporting obligations, etc., and I often dig into complex interpretation questions. I assist with compliance issues related to clinical trials and product development.
On the transactional side, I handle FDA diligence for private equity and strategic acquisitions, which involves reviewing regulatory materials, participating in diligence calls, and preparing summaries for clients. The deals can range from consumer brands to contract manufacturers and digital health platforms. Sometimes unexpected issues arise, such as an advertising challenge right before closing, making flexibility and clear communication essential. The variety means I’m constantly learning and finding practical ways to help clients meet their business goals and stay compliant.
How did you choose this practice area?
Marshall: I always knew that my professional career would be in health. I was an intern in a pediatric hospital and then a medical service corps officer in the U.S. Army. Now, I am practicing health and life sciences law. My career evolution is a result of leaning into the types of clients and health, digital health, and technology areas that interest me.
Marissa: My interest in health law began at the HHS Office of the Inspector General, where I worked on whistleblower investigations and fraud and abuse matters, building a strong foundation in healthcare regulations and compliance. My practice evolved from general health law to specialized FDA regulatory law, which combines legal strategy with science and innovation. At McDermott, I’ve continued advising on broader healthcare matters while deepening my expertise in FDA issues. I enjoy helping clients navigate complex regulations in a way that supports compliance and enables growth.
What is a “typical” day like and/or what are some common tasks you perform?
Marshall: I love that every day is different. In the morning, I may be advising a startup healthtech company on a complex regulatory question that can mean boom or bust for the company. At lunch, I may be negotiating transaction agreements and supporting diligence on a client’s acquisition. Before day’s end, I may be helping a private equity-backed physician practice affiliate with a new hospital partner. In between, I am meeting with clients, training and supporting other attorneys, and keeping up on industry, policy, and regulatory developments.
Marissa: No two days look the same, but most involve balancing client work with team coordination. Sometimes regulatory emergencies (e.g., a medical device recall) pop up, and the game plan goes out the window. Being flexible helps you roll with surprises and keep things moving without increased stress. I think it’s important to take care of yourself first, so I make time to move my body every day.
On the regulatory side, I may be advising on FDA compliance issues. On the transactions side, I may be managing the regulatory aspects of private equity-related transactions, meaning reviewing FDA-related diligence materials, participating in diligence calls with the target company, and drafting the FDA portion of a diligence memo to summarize findings about the client’s target. Keeping deals on track is a big part of my role.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
Marshall: I recommend building a strong foundation in health regulatory frameworks, corporate and contract drafting, and the basics of reimbursement and compliance. Hands-on experience through internships with health companies, law firms, government agencies, or compliance departments helps develop practical judgment and understanding of how policies and regulations operate in business contexts. Strong analytical skills, comfort with technical subjects, and the ability to translate complex rules into actionable guidance are essential. Stay curious and adaptable, as this industry evolves faster than most others. Always keep learning!
Marissa: Healthcare law covers the FDA, digital health, fraud, abuse, and more, so start with the basics, such as Administrative and Health Law, and then dive into specialized courses that excite you. Writing skills are important in any law practice, and law review or journal work can help sharpen them. Real-world experience also matters. Internships and externships, whether in health or other law practice, will teach you how to take ownership of projects, communicate clearly, and manage up, which are critical skills. Being able to learn on the fly and explain complex rules in plain language will make you stand out. If possible, get exposure to regulatory agencies or healthcare organizations.
What do you like best about your practice area?
Marshall: I most like the opportunity to sit at the intersection of law, business, and innovation in a dynamic industry. I enjoy helping clients solve complex problems where the regulatory path isn’t always clear, translating dense or ambiguous rules into practical strategies that help move new technologies, therapies, and business models forward. My work is intellectually engaging because every deal and regulatory question differ; each is driven by a dynamic regulatory and policy landscape. I value being a strategic partner who helps clients navigate this complexity and manage risk.
Marissa: I most enjoy the variety. Whether I’m advising on a medical device or therapy, every matter requires learning something new about the science, regulatory landscape, or business strategy behind it. This keeps me engaged and challenged, and I appreciate being part of a process that helps bring safe and effective products to patients.
What misconceptions exist about your practice area?
Marshall: Two large misconceptions are that my clients’ transactions involve simple negotiations, like straightforward contract and negotiation work, and that the matter is over after the deal is done. Health industry transactions involve complex regulatory overlays, so I must navigate state and federal fraud laws and other requirements: data privacy laws, corporate practice laws, reimbursement requirements, etc. Once the deal is done, I continue providing practical legal and business counsel about ongoing client operations.
Marissa: A misconception about FDA law practice is that a science background or degree is needed. The subject matter is technical, but legal analysis, problem-solving, and under-standing business objectives are the core skills. You learn the science as you go while applying complex regulations. Curiosity and adaptability, therefore, are far important than having a Ph.D.
How do you see this practice area evolving in the future?
Marshall: Technology in health, life sciences, digital health, and healthtech continues to evolve rapidly. It is transforming healthcare from a provider-centered, episodic system into a continuous, data-driven, patient-centered ecosystem, adding complexity to industry regulations and shifting business risks and opportunities. My practice will increasingly focus on helping clients navigate the regulatory, transactional, and ethical implications of AI, digital health, healthtech, and data-driven care models.
Marissa: Smart medical devices and AI-powered digital health tools, among others, are challenging traditional regulatory frameworks in the FDA space. I expect more nuanced guidance and faster policy shifts, which will mean that lawyers will need to anticipate change and help clients navigate uncertainty in real time.
How has the digital health market affected your practice?
Marshall: Digital health is a core part of my practice. I advise on dynamic, life cycle-based regulatory frameworks and help clients navigate complex regulatory questions involving innovative tools and care delivery models. Digital health has increased the transactional complexity of deals, requiring sophisticated analysis of data rights, reimbursement strategy, state licensure, privacy frameworks, and fraud and abuse risk. As tech companies enter health and life sciences, I increasingly help clients structure innovative partnerships, anticipate regulatory scrutiny, and build compliance infra-structures that support scalable growth.
Marissa: Digital health continues to add complexity to FDA work. Software functionality and cybersecurity intersect with traditional regulatory issues. For deals, this means deeper product classification diligence and evolving FDA guidance on software and AI, making the practice more dynamic and interdisciplinary.